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(영문) 제주지방법원 2017.07.20 2016고단3021
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 19, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic law at Jeju District Court on December 18, 2015, and completed the enforcement of the sentence at Jeju Prison on December 18, 2015.

On November 18, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle around 13:26, driving C Lastren motor vehicle at approximately 15 km section from the road near Chocheon-si, Chocheon-si to the road near Seocheon-si 516, Seopo-si 231-4.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and each investigation report (inform report attached to a copy of the judgment and a report attached to the personal confinement status);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Reasons for imposing the alternative sentence of imprisonment with prison labor, the various conditions of sentencing specified in the argument of the instant case are considered in consideration of the following circumstances, in particular, given the following circumstances: A favorable condition: (a) the fact that it is against the law of traffic, and the fact that it is disadvantageous to supporting the aged parents: (b) the crime of this case was committed despite the punishment twice due to a violation of the Road Traffic Act (non-licenseed driving); (c) the crime of this case was committed during the period of repeated offense after being sentenced to six months due to a violation of the Road Traffic Act (driving driving); and (d) the fact that there was a history of having been punished several times due to a violation of the Road Traffic Act (such as

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